Patna High Court
Baiju Yadav @ Baijnath YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner, dismissing the application.
Summary
The petitioner, Baiju Yadav, was charged with murder (IPC s.302), criminal conspiracy (IPC s.120B) and illegal possession of a firearm (Arms Act s.27) in the killing of Indal Yadav. The prosecution’s case rests on a recovered pistol and a confessional statement by co‑accused Mithilesh Yadav, who implicated the petitioner. The petitioner contended that he was falsely implicated and pointed out that co‑accused Shankar Paswan and Mahendra Paswan had already been granted bail in related matters. The court noted the petitioner’s two prior criminal antecedents and his custody since 1‑Feb‑2025, and found the allegations serious enough to deny bail. Consequently, the bail application was dismissed and the trial was directed to be expedited.
Issues considered
- Whether bail should be granted to the petitioner in a case involving murder, conspiracy and illegal arms possession.
- Whether the petitioner’s prior criminal antecedents and the confessional statement of a co‑accused justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302
Subjects
- bail
- murder
- conspiracy
- illegal arms
- criminal antecedents
- confessional statement
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88980 of 2025
Arising Out of PS. Case No.-207 Year-2022 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Baiju Yadav @ Baijnath Yadav S/O Late Yogi Yadav Resident Of Village -
Rakhti, P.S- Mahishi,, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Prasad Singh, Advocate
For the Opposite Party/s : Ms.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kusheshwar Asthan P.S. Case No. 207/2022 registered for the
offences punishable under Sections 302, 120(B) of I.P.C. and
Section 27 of Arms Act.
3. As per the prosecution case, Indal Yadav was killed
by unknown criminals. During investigation the police has
recovered the pistol used in the crime on the confessional
statement of Mithilesh Yadav who has named the petitioner in
his self inculpatory statement.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
Patna High Court CR. MISC. No.88980 of 2025(3) dt.24-03-2026
2/2
counsel next submits that co-accused namely, Shankar Paswan
and Mahendra Paswan has been granted bail by this Court in Cr.
Misc. Nos. 12848/2025 and 60200/2025. Learned counsel
further submits that he has two criminal antecedents and he is in
custody since 01.02.2025. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the allegations levelled against the
petitioner and the period of custody, this Court is not inclined to
grant bail to the petitioner for the present.
7. Accordingly, this application stands dismissed with
direction to the court below to expedite the trial, if it is being
delayed by the prosecution.
(Sandeep Kumar, J)
tusharika/-
U T
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